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Argued: January 7, 2002

Plaintiff-Appellant appeals from a judgment of the United States District Court for the Southern District of New York (Michael B. Mukasey, Judge), dismissing its claim for breach of contract on the ground that a testing protocol incorporated into a purchase order for industrial chain superseded other provisions relating to manufacturing standards, product acceptability, and performance warranties. Reversed and remanded.

Plaintiff-Appellant Seabury Construction Corporation (“Seabury”) appeals from a judgment of the United States District Court for the Southern District of New York (Michael B. Mukasey, Judge), entered May 8, 2001. A6 Seabury sued Defendant-Appellee Jeffrey Chain Corporation (“Jeffrey”), claiming breach of contract arising from failures in industrial collector chain. The chain was manufactured by Jeffrey and sold to Seabury for installation at the Hunts Point Water Pollution Control Plant in the Bronx, New York, which was under renovation by the New York City Department of Environmental Protection (the “DEP”). A8-11

 
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